Can a law firm publicly announce that it has hired a law student or other nonlawyer?

Plain-English summary

A law firm wanted to announce that a law student who had assisted it would continue working there during his final year and afterward; the student had a notable professional background and contacts in one of the firm's practice areas. The firm intended to state that he was still in school and not yet admitted, and the announcement would not solicit business for him. The question was whether the firm could publicize this nonlawyer's relationship with it.

The Committee observed that DR 2-102(A)(2) addresses professional announcement cards stating new or changed associations, but applies to announcements about lawyers, so it did not strictly govern an announcement about a nonlawyer. Finding no New York precedent and a split among other states (Hawaii and one Wisconsin opinion permitting such notices, an earlier Wisconsin and a South Carolina opinion restricting them), the Committee concluded that prohibiting the announcement solely because of the employee's nonlawyer status would be unduly restrictive, given the broad use of paralegals and other nonlawyer professionals.

Drawing on DR 2-101(D), which describes advertising and publicity as designed to educate the public and provide information relevant to selecting counsel, the Committee reasoned that announcing a nonlawyer's particular background could help the public assess a firm's suitability for a matter. It concluded that, so long as the announcement made clear the person was working in a nonlawyer capacity and otherwise conformed to the Code (including DR 2-101(A)), it was permissible. The question was answered in the affirmative.

Currency note

This opinion was issued in 1996, before New York replaced the Code of Professional Responsibility (the Disciplinary Rules and Ethical Considerations cited here) with the New York Rules of Professional Conduct, effective April 1, 2009. Subsequent rule amendments or later opinions may have changed the analysis. Treat this page as historical context, not current guidance. Verify against current rules before relying on any specific rule, deadline, or requirement mentioned here.

Common questions

Q: Can a firm announce that it hired a paralegal or law student?

A: The opinion concluded a firm may issue such an announcement so long as it makes clear that the person is not a lawyer and is working in a nonlawyer capacity.

Q: Does the advertising rule for lawyer announcements (DR 2-102(A)(2)) directly govern?

A: No. The Committee concluded that DR 2-102(A)(2) addresses announcements about lawyers and does not strictly apply to an announcement about a nonlawyer, so it turned to the Code's general advertising principles.

Q: Why is announcing a nonlawyer's hire treated as legitimate?

A: The opinion reasoned under DR 2-101(D) that publicizing a nonlawyer's particular background can provide information relevant to a client's selection of counsel, so long as the announcement is not false or misleading and makes the nonlawyer status clear.

Background and rules framework

The opinion was decided under New York's then-governing Code of Professional Responsibility: DR 2-101(A) and (D) (advertising and publicity) and DR 2-102(A) and (A)(2) (professional notices). The Model Rules analogues are Rule 7.1 (communications about a lawyer's services) and Rule 7.5 (firm names and letterheads).

Citations and references

Rules of Professional Conduct:

• New York Code DR 2-101(A), DR 2-101(D), DR 2-102(A), DR 2-102(A)(2) (Model Rules 7.1, 7.5 analogues)

Other opinions cited:

• Hawaii 78-8-19 (1984); Wisconsin E-80-15; Wisconsin E-83-3; South Carolina 83-16; Chicago 92-3

See also

• NYC Bar Ethics Op. 1996-6: Letterhead and Limited Liability Partnership
• ABA Ethics Op. 506: Responsibilities Regarding Nonlawyer Assistants

Source

• Landing page: https://www.nycbar.org/reports/formal-opinion-1996-2-announcements-employment-of-non-lawyer/